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2023 02.07 City Council Regular Agenda
City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, February 7,2023 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 23-035 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 23-0 6 Consideration of approval of minutes of the regular meeting of January 17, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 01 17 DRAFT 3. 2 -02 Consideration of approval of Resolution No. 22-25, a Federally Patent Easement(FPE) Extinguishment of Wagon Wheel Road (alignment) from Cactus Wren Street to Scenic Street for the purpose of future development with the acknowledgment that the current setbacks will remain in place until the Utility Easements are extinguished. This item was previously presented at the city council meeting held on January 17, 2023. Sponsors. Raquel Schatz Attachments: Res 22-25 Council Memo 20230117 Res 22-25 Resolution Combined 23-022 Extinguishment 20230117 ®RAFT City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City Council Meeting Agenda February 7,2023 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 4. 23-059 Proclamation designating the month of February as"Teen Dating Violence Prevention Awareness Month". Sponsors: Chip Wilson Attachments: Proclamation Teen Dating Violence Prevention Awareness F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 23-037 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 23-038 City Manager's Report. Sponsors. Bryant Powell 7. 23-043 Presentation by Kevin Camberg of Fester&Chapman on the city's annual financial audit. Sponsors: Bryant Powell 8. 23-064 Presentation, discussion, and update on the .2%sales tax dedicated to fund roadway maintenance and repairs. Sponsors: Leslie DeReche 9. 23-039 Announcement of Current Events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 21212023 City Council Meeting Agenda February 7,2023 10. - 2 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1532 (case P-22-93-PZ), a proposed rezoning of four(4) parcels located at the northeast corner of Southern Avenue and Coconino Drive from General Commercial ("13-1")and Industrial by Planned Development("B-5/PD")to General Commercial by Planned Development("B-1/PD")and a Minor General Plan Amendment from Industrial to Commercial to facilitate a future lot combination. This item was presented and discussed at the city council meeting held on January 17, 2023, and a continuance to the February 7, 2023, City Council meeting was requested. Sponsors: Erika Hernandez Attachments: P-22-93-PZ CC P-22-93-PZ-Project Narrative P-22-93-PZ Staff report P-22-93-PZ-Lot Combo Map&Le_ai Description P-22-93-PZ The Eagles Final Citizen Participation Report P-22-93-PZ CC Memo P-22-93-PZ Ord. No. 1532 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 11. 22-76 Presentation, discussion and consideration of approval of award of contract to Viasun Corporation for the construction of curbing to the Apache Trail medians, from Ironwood Drive to Ocotillo Drive. The work will be through Pinal County Cooperative Job Order Contract No. 175623 in the amount of$345,520.75 plus a 10% contingency for unforeseen change orders in the amount of$34,552.07, for a total project cost not to exceed $380,072.82. Sponsors: Shane Kiesow Attachments: Cit Council Memo-PWC2019-13D Viasun RS Dec2022 PWC2019-13D A��un City of Apache Junction,Arizona Page 3 Printed on 2/2/2023 City Council Meeting Agenda February 7,2023 12. 23- 4 Presentation, discussion, and consideration of an award of contract to Cactus Asphalt for slurry seal treatment at various locations throughout the city. The work is planned to take place in March and April 2023 and will be through Pinal County Cooperative Contract No. 175923, in the amount of$563,000.55 plus a 10% contingency for unforeseen change orders in the amount of$56,300.05, for a total project cost not to exceed $619,300.60; the work will result in a new protective wearing surface prolonging street life. Sponsors: Shane Kiesow Attachments: City Council Memo-SST22-38 Cactus RS Feb2023 SST22-38 Agreement-Cactus K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 13. 23-019 Direction to staff on board and commission member selection; changing Apache Junction City Code, Volume I, Section 2-9-2, relating to the number of Public Arts Commission members, as well as the membership required involvement within the arts community. Sponsors: Tess Nesser Attachments: MembershiR 2-9-3 DUTIES 14. 23-055 Direction to staff on various changes to the City Code, including: review of officers in Article 2-8-4: Parks and Recreation Commission; removal of Article 3-13-5: Parks and Recreation Department- Banner Placement and Supervision; and an addition within Article 3-13: Parks and Recreation Department to include management of trees and plants in public spaces. Sponsors: Liz Langenbach Attachments: Staff Memo-City Code Changes Article 2-8 PARKS AND RECREATION COMMISSION Article 3-13 PARKS AND RECREATION DEPARTMENT L. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 4 Printed on 2/2/2023 City Council Meeting Agenda February 7,2023 M. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-035 Sponsor:Jennifer Pena Agenda Date:2/7/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-036 Sponsor:Jennifer Pena Agenda Date:2/7/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of January 17, 2023. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,January 17,2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Michael Pooley, Police Chief Leslie DeReche, Finance Director Al Bravo, Public Information Officer Rudy Esquivias, Development Services Director Liz Langenbach, Parks& Recreation Director Ted Wolff, Public Works Director Raquel Schatz, Public Work Project Engineer Jennifer Hoffman, Management Analyst Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Vice Mayor Schroeder moved,seconded by Councilmember Heck to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes January 17,2023 1. 22-805 Consideration of acceptance of agenda. 2. 23-016 Consideration of approval of minutes of the regular meeting of January 3, 2023. 3. 22-806 As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-9: Department of Development Services, §§ 3-9-1 (C), the city manager is seeking ratification of Ted Wolff for appointment to the position of Public Works Director. 4. 23-006 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.3 Final Plat- SV-22-28. 5. 23-007 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.4 Final Plat- SV-22-30. 6. 23-008 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.6 and 19.7 Final Plat- SV-22-34-SD. 7. 23-009 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.10 and 19.11 Final Plat- SV-22-33-SD. 8. 23-010 Consideration of approval of Superstition Vistas, Phase 1 B, Map of Dedication - SV-22-42. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Wilson recognized the attendance at tonight's meeting of two local boy scouts who are working on their citizenship and community awards, representing the Mesa Lost Dutchman Troop#380. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 23-013 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson, Councilmember Heck and Councilmember Cross attended a "Lunch and Learn", hosted by East Valley Institute of Technology, (EVIT). Comments from their attendance included EVIT offers 42 programs for high school students, 18 for adults. These are alternative programs that can assist in obtaining an Associates Degree. There is an EVIT branch located at the Apache Junction High School. Financing has been secured to build a 64 bed housing facility at the Mesa campus for kids that"age out"of the state's foster care system. There will be a 2 year stay limit, and will allow these individuals to be housed in a safe environment while obtaining further education and life skills. Mayor Wilson and Assistant City Manager Matt Busby attended the Governor's State of the State Breakfast. Mayor Wilson attended meetings addressing state legislative sessions,which included a bill regarding the funding of the Right of Way for the continuation of development for State Route 24, City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes January 17,2023 as well as others bills that would affect the City's Police, Parks and Recreation and Library programs. This bill is proposed to eliminate sales tax on food and rentals, which could impact the general fund by over 20%. He will be receiving more information on this, and is working on an educational packet to be offered to the public. G. CITY MANAGER'S REPORT 10. 23-011 City Manager's Report. City Manager Bryant Powell informed Council the Library was recently awarded a grant from the Glenn Perkins Educational Foundation in the amount of$25,000. These funds will be applied to the purchase of 20 new computers for public use, replacing existing units that are at the end of life. 11. 22-803 Introduction of new Public Works Director, Ted Wolff. City Manager Bryant Powell thanked the Mayor and Councilmembers for their approval on the ratification of Ted Wolff for the appointment to the position of Public Works Director. He then introduced Mr. Wolff and requested he come forward and share information about himself. Mr. Wolf shared history of his previous employment and residential locations. He mentioned his first hand experiences regarding natural disasters and emergency management while serving at Coconino County Public Works. He retired from Maricopa County Department Of Transportation in 2019. He is excited about being here with the City of Apache Junction. 12. 23-023 Presentation by Kevin Camberg of Fester& Chapman on the city's annual financial audit. City Manager Bryant Powell announced Kevin Camberg was unable to attend, due to illness. He has rescheduled to present an update on the City's annual financial audit at the next council meeting. 13. 2 -012 Report of Current Events. Public Information Officer Al Bravo shared the following updates and current events: • Further information can be found on Ted Wolff, Public Works Director, on the city's website home page at www.a ache unctionaz, ov • State of the City Address- February 1, 2023 Networking and refreshments at 6:00 p.m. and the program to begin at 6:30 p.m., Apache Junction Performing Arts Center, 2525 S. Ironwood Drive, Apache Junction, AZ • Citizens Leadership Institute has started. The current class had 23 attendees. This is a course to learn about municipalities and how they work, but more specifically how the City of Apache Junction government works. • The City is now offering a weekly newsletter that is available every Thursday. For council meeting weeks this will be a recap of the meeting, and the other weeks it will be focused on what is going on around the city. Sign up for this at apachejunctionaz.gov/newsletter. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes January 17.2V23 H. PUBLIC HEARINGS 14. 22-81C2 Presentation, discussion, public hearing, and consideration on case P-22-93-PZ, a request by TheLost Dutchman Aerie No. 3850, a proposed rezoning of four parcels located at the northeast corner of Southern Avenue and C000niDO Drive from General Commercial (B-1) and Industrial by Planned Development (B-5/PD)to General Cononneroio| by Planned Deve|opnnent /B-1/PO\ and a Minor General Plan ADl8DdOl8Dt from |DduStFi8| to CO/O[D8n:i8| to facilitate 8 future lot combination. Councilmember Nesser moved,seconded by Councilmember Johnson that rezoning case P'23'S3'PZbe continued to the February T.%U23 council meeting. Yoe: 8- Mayor Wilson, Vice Mayor Schroeder, Counoi|mombarNoeoor. Counoi|mombor Heok, Counoi|mombor Johnson and Counci|momborSo||or No: U Recuood: 1 - Counci|mombarCmoo Development Services Director Rudy Esquivias announced this item, as it appears on the agenda, has an omission which is the Ordinance that pertains to this case. This was duly advertised and posted. He suggested staff continue with the presentation for tonight. Discussion between Mayor Wilson and City Attorney Joel Stern concluded with the presentation be given tonight, and the motion be continued to the February 7, 2023 council meeting. Erika Hernandez,Associate Planner, provided the city council with the following update: Background The properties being considered in this rezoning are located on the northeast corner of Southern Avenue and Coconino Drive. The parcels are identified as Pinal County Tax Parcel Nos. 102-22'38413' 102-22-387A. 102'22-3890 and 102-22-390Aand are proposed hnchange from General Commercial (^B-1'')ond Industrial by Planned Development(''B'5/PO'')to General Commercial by Planned Development("B-1/PD")to facilitate a lot combination. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on December 13, 2022. The Commission unanimously recommended approval of the proposed rezoning. The attached ordinance represents StoO's and the Commission's recommendation. Mayor Wilson inquired if the applicant would like to offer any comments. Mike Reed, Trustee for the Lost Dutchman Area 3850 of Apache Junction, Fraternal Order of Eagles State Officer, explained the need for this request. Mayor Wilson opened the Public Hearing, receiving no comments related to the agenda item, Mayor Wilson closed the Public Hearing. Motion, vote and roll call were taken. Counoi|mambar Cross was called tn return to the meeting. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes January 17.2V23 K' OLD BUSINESS J. NEW BUSINESS 15. 22-764 Presentation, discussion, and consideration to enter into omaintenance agreement for public spaces with Brookfield A8L[} 8500 LLC and B|OSSUOU Rock Community Alliance, Inc. Vice Mayor Schroeder moved,seconded by Councilmember Nesser that the maintenance agreement for public spaces with Brookfield ASILD 8500 LLC and Blossom Rock Community Alliance,Inc.beapproved. Yes: 7 Mayor Wilson, Vice Mayor Schroeder, Counoi|memberNeoeer. Counci|memb*r Heck, Counui|memb*rJohnoon. Counci|m*mbe/Cross and Counoi|memb*r SoU*r No: O Liz Langenbach, Parks and Recreation Director provided an in-depth summary of the purpose of entering into this agreement, along with an overview of the location this agreement would include. The development is governed, in part, by the Development Agreement("DA")for Superstition Vistas between the City and O.R. Horton, Inc., a Oa|awanu corporation, dated October 28, 2021. The DA requires that, at the Development Unit Plan stage of the planning process, the City will enter into one or more maintenance agreements to identify the respective rights and obligations for the installation, maintenance, repair and replacement of the public streets, public parks and open space, and specialty features within the development. This maintenance agreement io between the City, Brookfield, and Blossom Rock Community Alliance ("Community Alliance"), which im the entity created ho provide Development-wide private governance. Among other things, the agreement outlines that Brookfield and Community Alliance will be responsible for installation and maintenance in all of the private spaces; landscaping and sidewalks in Public Utility and Facilities Easements: landscaping in arterial medians, and all public parks or open space conveyed to the City for public use. The City will reimburse Community Alliance for the maintenance uf the public parks. This agreement will beamended as future areas are developed. She explained park features and amenities tobe included, and made mention these public areas will be available for all Apache Junction residents. Council concerns included comparing the cost with other models, who is responsible for building these parks and paying for them, who will be allowed to use these parks, will events be held at these spaces, and will current fees and rules apply. [Wo. Langenbach responded this agreement has been modeled after an agreement the City of Mesa has with Community Alliance, and offered assurance much time and research has gone into this comparison. The developer will be paying the costs. These areas will allow for continued and enhanced programs to be offered such as lake activities and fishing, as well as more sports courts and fields. The same fees and rules will be enforced, as well as some additional rules due in these added activities. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes January 17,2023 16. 23-020 Presentation, discussion, and consideration of approval for a Construction Agreement with Visus Engineering Construction Inc. for the Haven Hollow Roadway Improvement Project#PWC2013-10, in an amount not to exceed $874,500.00, for roadway reconstruction, curb, gutter, and sidewalk installations. Councilmember Cross moved,seconded by Councilmember Nesser that the Construction Agreement with Visus Engineering Construction Inc.for the Haven Hollow Roadway Improvement Project#PWC2013-10,in an amount not to exceed$874,500.00 for roadway reconstruction,curb, gutter,and sidewalk installation be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Raquel Schatz, Public Works Project Engineer presented to council the historical background and bidding process for this project. The City initiated design of Pueblo Del Sol and Haven Hollow Subdivision in 2013 with use of Community Development Block Grant("CDBG") Regional Funds. The city constructed its first phase in 2015 and used the same plans with aid of federal funds to construct Delaware Drive in 2018. After the construction of the first phase this area was deemed ineligible to receive any more CDBG funds. The City recently pursued bids for the construction of Virginia Street from Delaware Drive to Pinyon Drive, Scenic Street from Delaware Drive to Pinyon Drive, and Pinyon Drive from Scenic Street to Virginia Street, also known as the Haven Hollow Roadway Improvement Project. Staff reviewed the submittals and found the lowest bidder to be Visus Engineering Construction, Inc. Visus submitted all required documentation, and met all of the city's requirements. HURF has committed to funding this project, which includes the base bid ($795,000.00)and contingency of 10% ($79,500.00)for a total amount, not to exceed $874,500.00. Contingency monies will be used for any unforeseen circumstances that are detected in the field/under construction. Construction will begin in February 2023, and is anticipated to be completed by May 15, 2023. 17. 23-021 Presentation and discussion of Resolution 22-25, a Federal Patent Easement (FPE) Extinguishment of Wagon Wheel Road (alignment) from Cactus Wren Street to Scenic Street for the purpose of future development with the acknowledgement that the current setbacks will remain in place until the Utility Easements are extinguished. Raquel Schatz, Public Works Project Engineer informed council on the process of a Federal Patent Easement. Her presentation included past activity, existing conditions and the purpose of this request. BACKGROUND Federal Patented Easements (FPE's)were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes January 17,2023 properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPE's are typically a total of 66 feet in width, with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Wagon Wheel Road (alignment) FPE from Cactus Wren Street to Scenic Street has never been maintained by the city and is not classified as a local roadway. In addition,the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE Owners of the underlying property filed an application for the extinguishment on May 1, 2022. There is currently a block wall that surrounds their property that they wish to keep permanently, with a design of future development on private property. The extinguishment would provide a reduction of setbacks once all the utility easements have been extinguished. This item will return to the consent agenda for the meeting held on February 7, 2023. K. COUNCIL DIRECTION TO STAFF 18. -813 Direction to staff regarding details of an upcoming city council retreat, to include date, time, and location. Councilmember Heck moved,seconded by Councilmember Nesser that the Council Retreat be held on April 14,2023 from 9:00 a.m to 5:00 p.m..at the Central Arizona Campus in Apache Junction. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Manager Bryant Powell introduced Management Analyst Jenny Hoffman, who will be assisting in the coordination of the Retreat. He explained the purpose of this Retreat is an opportunity for council to discuss and affirm their core values, consider the City's vision and set priorities for the future, and to review the revenues to expenditures as well as major policies. He also reminded that the 0.2 %tax for Public Safety Personnel Retirement System (PSPRS)and street/road projects and improvements is due to sunset soon. This is a full day and is typically held on a Friday. Breakfast and lunch will be provided. The agenda for the Retreat will be similar to a council work session. It is desired to have Evelyn Casuga return as the Host of the event. Mr. Powell inquired if council was interested in something of this nature,which council members voiced they were, especially with two (2) new members seated this year. A choice of dates was given for April 7, April 14 or April 28, 2023. City Clerk requested council's decision include the date, time and location of the event. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes January 17,2023 L. CALL TO PUBLIC Andre Meek, 1327 S. Belair Road, Apache Junction,AZ remarked on the current city code restrictions. Catherine Meek, 1327 S. Belair Road, Apache Junction, AZ encouraged attendance to the many events being offered at the Superstition Mountain Lost Dutchman Museum, and the Desert Farm to Table events held the first Saturday of each month at 300 W. Apache Trail, Apache Junction, AZ. George Schroeder, 2444 W. Virginia Street,Apache Junction,AZ thanked the council and city staff for planning and approving street improvements on Virginia Street. He expressed concerns regarding the approved type of fencing materials per City Code, and encouraged the public to be more involved and attend council meetings. M. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:20 p.m. ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2023. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION 1 hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2023. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2023. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 8 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 23-022 Sponsor: Raquel Schatz Agenda Date:2/7/2023 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 22-25, a Federally Patent Easement(FPE) Extinguishment of Wagon Wheel Road (alignment)from Cactus Wren Street to Scenic Street for the purpose of future development with the acknowledgment that the current setbacks will remain in place until the Utility Easements are extinguished. This item was previously presented at the city council meeting held on January 17, 2023. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 Public Works Department stt p -� Home of the Superstition Mountains Date: February 7, 2023 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 22-25 Wagon Wheel Road from Cactus Wren Street to Scenic Street BACKGROUND Federal Patented Easements (FPEs) were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Wagon Wheel Road (alignment) FPE from Cactus Wren Street to Scenic Street has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE Michael & Laurette Brigner, owner of the underlying property, filed an application for the extinguishment on May 1, 2022. There is currently a block wall that surrounds their property that they wish to keep permanently, with a design of future development on private property. The extinguishment would provide a reduction of setbacks once the all of the utility easements have been extinguished. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department AV w"Y wr Home of the Superstition Mountains PROCESS Once the easement has been extinguished,the property owner can apply for a building permit using the property line as opposed to the existing FPE as the setback boundary, once the utility easements have been extinguished. RECOMMENDATION Staff recommends extinguishment of the Wagon Wheel Road from Cactus Wren Street to Scenic Street. ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for February 7t", 2023. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 22-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY PATENTED EASEMENT LOCATED AT WAGON WHEEL ROAD (ALIGNMENT) FROM CACTUS WREN STREET TO SCENIC STREET, IS NO LONGER NECESSARY FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, also known as federally patented easements (FPEs) , pursuant to the Small Tract Act of 1938 (52 Stat . 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, an FPE may be extinguished by a local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on May 1st, 2022 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, the reason for the FPE extinguishment request is for future development acknowledging that utility extinguishments will be required; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on June 29th, 2022, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the FPE in question, because of its location, topography, and encroachments therein, have no or de minimis public value . RESOLUTION NO. 22-25 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the FPE, as described in Legal Description and depicted in the Exhibit, is classified as a local street on the Street Classification Plan and is no longer necessary for public roadway purposes, has no or de minimis public value, and is hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject FPE. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 22-25 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcels 103-02-035B and 103-02-035A) The East thirty-three feet (33' ) of the Northwest quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North forty feet (40' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-2-034B and 103-02-034A) The West thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North forty feet (40' ) THEREOF; RESOLUTION NO. 22-25 PAGE 3 OF 4 EXHIBIT "B" Li a p I I I I I 1 I 11 1 11 1 I I I - - - - - 4 VIRGINIA I STREET I I I Ll1 I LLI Ip I I I 1� Q I �1 0I I Qp I I 50' 1 I SCENIC_ STREET olKxxx - - - -I - - - - - -1 I ILL! p I 035E 034B 0 it �I I I I I 035A 034A i I 171-101 184-211 CACTUS WREN 1 _ STREET I � F I I I I I I I I I I I I I 1 1 1 1 1 1 50' - - -I I- - - � - - 4 1 ROOSEVELT STREET 1 I 11 1 I I I it LEGEND - - 66' - 3' PROPOSED EXTINGUISHMENT PREVIOUSLY EXTINGUISHED -- 33' R DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) U) RESOLUTION NO. 22-25 F-.: z Direction to Staff: 23-XXX Roadway Easement Extinguishment : - Wagon Wheel Road (alignment) from Cactus Wren St to Scenic St Department of Public Works January 17, 2023 By: Raquel Schatz Background • A GLO easement is a roadway and utility easement created by the initial transfer of land titles from the Federal government to -- an individual through the General Land Office (GLO) through the Bureau of Land Management (BLM), pursuant to the provisions of an Act of Congress approved June 1, 1938. • Federal Patent Easements (FPEs) are either 5 or 2 % acre parcels with a reservation of right-of-way of 33' in width along the boundaries of said land on private property. • The reservation of right-of-way along the boundaries of the land ensured that no individual parcel would be land locked, or without legal access to the land. Resolution 22-25: Extinguishment (Wagon Wheel Road) Process (cont'd) • Utility and Emergency Responder Notification • An exhibit of the requested easement is sent to all public utility providers and emergency responders requesting a response for objection or no 'tt ' objection for roadway easement extinguishment only. If no response is received within two weeks then another request is sent. Request Sent 06/29/22 07/27/22 AJ Development Srvc Department AJ Police Department07/08/22 AJ Water District Arizona Water Company07/27/22 Cent'uryLink07/12/22 SMCFD07/27/22 Southwest Gas07/08/22 Superstition Fire & Medical09/15/22 SRP06/30/22 • Utility Easements remain in place unless they are extinguished through each utility process. Some cost as much as $1,000. Resolution 22-25: Extinguishment (Wagon Wheel Road) � r r, Location �, 7w Reason: For future development with the acknowledgement of current setbacks remain until the utility easements get extinguished. x h �4 OtI7 i EXTINGUISHED ROADWAY DEDICATED RIGHT-OF-WAY FEDERAL PATENT EASEMENT WDOCUMENTNUMBER + 204-555 RIGHT-OF-WAY Resolution 22-25: Extinguishment (Wagon Wheel Road) Staff Recommendation The Public Works Department recommends APPROVAL Consent Agenda on 02/17/23 Thank You v }, Resolution 22-25: Extinguishment (Wagon Wheel Road) City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-059 Sponsor: Chip Wilson Agenda Date:2/7/2023 Index: In Control: City Council Meeting Proclamation designating the month of February as"Teen Dating Violence Prevention Awareness Month". City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 r Prortamatton TEEN DATING VIOLENCE PREVENTION AWARENESS MONTH FEBRUARY 2023 WHEREAS, each year in the U.S., nearly 1.5 million high school students fall victim to abuse from an intimate partner; and WHEREAS, nationwide, youth aged 12 to 19 experience the highest rates of rape and sexual assault, and 1 in every 4 teenage girls in a relationship is repeatedly verbally abused; and WHEREAS, only 33% of teens who were in an abusive relationship ever told anyone and 50% of teens who experience dating violence or rape attempt suicide; and WHEREAS, the trauma and suffering caused by domestic violence destroys families, threatens the safety of neighborhoods, and weakens the ability of the communities to thrive; and WHEREAS, the City of Apache Junction and the community must work together to ensure the safety of our teens and create a world where every teen can live free of dating violence; and WHEREAS, in 2023 Maricopa Association of Governments and its partners worked together on a webinar series addressing teen dating violence, which will be highlighted during this year's Teen Dating Violence Prevention Awareness Month. NOW, THEREFORE, I,Walter"Chip"Wilson, Mayor of the City of Apache Junction,Arizona, do hereby proclaim February 2023, as TEEN DATING VIOLENCE PREVENTION AWARENESS MONTH Signed and attested to this day of 12023. Walter"Chip"Wilson Mayor ATTEST: Jennifer Pena City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-037 Sponsor: Chip Wilson Agenda Date:2/7/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-038 Sponsor: Bryant Powell Agenda Date:2/7/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 23-043 Sponsor: Bryant Powell Agenda Date:2/7/2023 Index: In Control: City Council Meeting Presentation by Kevin Camberg of Fester&Chapman on the city's annual financial audit. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 23-064 Sponsor: Leslie DeReche Agenda Date:2/7/2023 Index: In Control: City Council Meeting Presentation, discussion, and update on the .2% sales tax dedicated to fund roadway maintenance and repairs. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-039 Sponsor:Al Bravo Agenda Date:2/7/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-052 Sponsor: Erika Hernandez Agenda Date:2/7/2023 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1532 (case P-22-93-PZ), a proposed rezoning of four(4) parcels located at the northeast corner of Southern Avenue and Coconino Drive from General Commercial ("B-1")and Industrial by Planned Development("B-5/PD")to General Commercial by Planned Development("B-1/PD") and a Minor General Plan Amendment from Industrial to Commercial to facilitate a future lot combination. This item was presented and discussed at the city council meeting held on January 17, 2023, and a continuance to the February 7, 2023, City Council meeting was requested. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 The Eagles Rezoning and Minor General Plan Amendment Pm22m93mPZ City of Apache Junction City Council February 7, 2023 � • 4ti f {m4 ,r� ti�{t� war • , 5 Ah w w "41xk, AN{fit ;, ? �i At;��� c 2294 s{ " Aft > tAl • £ AS "� 2r +r � s £ `F, i •r M s 3 t }} 4 f r £ f}rr Public Input • A sign was posted at the site, notices were sent out to property owners 300' around the subject site, and the case was advertised in the newspaper • Neighborhood Meeting: May 18, 2022 • Staff met with three residents who had questions regarding the rezoning request Staff Analysis and Recommendation • Staff recommends approval of P-22-93-PZ subject to the conditions of approval found in the Staff Report Planning and Zoning Recommendation • Planning and Zoning recommends approval of P-22-93-PZ Questions ? Aft r ra 410 t a t } 4 I tt a art IN � Y t SUJf :EY+NftP YY�q,' M rig Tom too' a � r �5,4 'rt tS,t f �t},tatty tr II� I prr tttafi 14 tyjr t`41 t 1t t t}�yll i tY y tr�,$ }t ti{! 1}t 3 r t r aYt Szrtt .,. S 2�'tr, t' st}rtt) t r :jrt E.td 3t ziif'i�>i�'11:�3.�'.$�;�t:�iltrft�ir<t 1 lt, t4 s4r t i 5 tt it t ai {a:' t 3t{ ttt4 ft( �k}\kt ttJtti ¢arlyr t t '{4}?i t�t1 slt r 4 )t. i`fit}2t t4S�'ttsy;s£ f,a i tts t } ttr �'4` A:,pt;, } zt� r i, .t.,r.;J, t.},##;t 7, ,tftr<•5- t{,.ra tylt l�. <,i :.S, .a,t:bz, y ,<ytti: t of N� TRINITY * 4RC81TECTURE • Wt?'i0RS Project Narrative for 2315, 2267 and 2295 S Coconino Dr The Lost Dutchman.Aerie No. 3850 currently own the properties listed above. The existing Lost Dutchman club is on 2315 S Coconino Dr. zoned B-1. The remaining parcels are zoned B-5 P/D. The Lost Dutchman would like to join the two existing buildings with a small breezeway/corridor. After meeting with Apache Junction, in order for this to happen we will need to first apply for rezoning then make a Lot Combination application. Sincerely, YYNY Maxwell J ercer d.a.t.d.,Assoc.AIA(American Institute of Architects) Projects By Trinity,LLC Projects By Trinity LLC. Telephone: 602-459-2900 Email: services@projectsbytrinity.com City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: December 13, 2022 CASE NUMBERS: P-22-93-PZ "The Eagles - Rezoning" OWNERS: The Lost Dutchman Aerie No. 3850 APPLICANT: Projects by Trinity, LLC, represented by Maxwell Mercer REQUEST: Proposed Rezoning of approximately 1 . 49 acres from General Commercial ("13-1") and Industrial by Planned Development ("B- 5/PD") to General Commercial by Planned Development ("B-1/PD") and a Minor General Plan Amendment from Industrial to Commercial LOCATION: The property is generally located at the northeast corner of Southern Avenue and Coconino Drive GENERAL PLAN/ ZONING DESIGNATION: General Commercial (B-1) and Industrial (B-5) SURROUNDING USES: North: Industrial (B-5) East: General Commercial (B-1) South: Medium Density Single-Family Detached Residential (RS-20) West: General Commercial (B-1) and Industrial (B-5/PD) BACKGROUND The Superstition Villa Subdivision was established in 1964 . The four (4) parcels in question, originally sixteen (16) 0 . 09 acre lots, had undergone a number of lot combinations throughout the "Eagles Rezoning"Case P-22-93-PZ December 13,2022 Planning and Zoning Commission Staff Report 1 years . In the early 1980s, structures were built on three parcels, but the middle parcel has historically been vacant . In 1997, lots 380-391 were rezoned to CI-1/PD through Ordinance No. 984 . In 2014, new district maps were created. The Lost Dutchman Aerie No. 3850 is requesting to rezone all four (4) parcels to B-1/PD facilitate a lot combination. PROPOSALS P-22-93-PZ is a proposed Rezoning of four (4) parcels 102-22- 384B, 102-22-387A, 102-22-3890, & 102-22-390A to B-1/PD, located at the northeast corner of Southern Avenue and Coconino Drive to facilitate a lot combination. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Commercial" and "Light Industrial/Business Park and Industrial" . The Commercial and Light Industrial/Business Park and Industrial designations represent areas where commercial and office areas close to major roadways intended to serve surrounding communities and areas where manufacturing is appropriate . Zoning/Site Context: The approximate net 1 . 49-acre properties are privately-owned parcels surrounded by commercial properties in the north, east, west, and residential in the south. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On May 18th, 2022, the applicant held an in-person neighborhood meeting, to which two (2) persons attended. One (1) resident was concerned that the fence between their properties would be removed and was supportive of the project knowing it would be kept. Please see final participation report for additional details (attached) . Staff received three residents at the Development Services' counter inquiring about the owner' s plans with the property. They were informed of the future lot combination and that there were no plans to expand the use or develop additional structures at this time . The first resident was generally supportive of the proposed rezoning and two residents decided to visit The Eagles "Eagles Rezoning"Case P-22-93-PZ December 13,2022 Planning and Zoning Commission Staff Report 2 to hear from them directly. Staff has not been updated on the visit or informed that there was one . GENERAL PLAN AMENDMENT FINDINGS OF FACT: In considering a plan amendment resulting from a proposed zoning map change, zoning code text change, general plan future land use map change, or general plan text change, the following criteria shall be evaluated: 1) Whether the amendment proposes a land use designation that the land use plan map does not adequately provide optional sites to accommodate . Applicant's Response: No, the applicant has no optional sites besides those indicated in this application. 2) Whether the amendment constitutes an overall improvement to the general plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2020-2050 general plan. Applicant's Response: Yes, rezoning the northern two (2) parcels from Industrial to Commercial, which will be consistent with the existing southern parcel where The Eagles currently operate. Rezoning will allow The Eagles to eventually renovate and improve the existing facility and property. 3) Whether the proposed amendment is justified by an error in the 2020-2050 general plan as originally adopted. Applicant's Response: No. 4) Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2020-2050 general plan. Applicant's Response: Yes, it will allow the applicant to make internal and external improvements to the existing facility and property. 5) Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the plan. Applicant's Response: Yes, rezoning will remove the Industrial zoning to the northern two (2) parcels and replace it with Commercial . "Eagles Rezoning"Case P-22-93-PZ December 13,2022 Planning and Zoning Commission Staff Report 3 6) Whether the amendment will adversely impact a portion of, or the entire community by: a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods . b. Significantly reducing the housing to jobs balance in the planning area. c. Substantially decreasing existing and future water supplies . d. Replacing employment with residential uses . e . Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas . f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses . g. Affecting the existing character (i .e . , visual, physical, and functional) of the immediate area. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations . i . Materially diminishing the environmental quality of the air, water, land, or cultural resources . j . Significantly altering recreational amenities such as open space, parks, and trails . Applicant's Response: The Eagles Fraternity Lost Dutchman have been established in this neighborhood since 1981 . As previously noted, this application will remove the Industrial zoning and expand on the current zoning of Commercial . There is no current housing on parcels where the applicant is seeking rezoning. Once rezoned, this will allow the applicant to make improvements to the existing two (2) northern buildings and parcels. PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed rezone request because of its conformance with the Zoning Ordinance and surrounding characteristics and existing uses . RECOMMENED MOTION FOR REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of case P-22-93-PZ, a rezoning request by The Lost Dutchman Aerie No. 3850 (owner) , "Eagles Rezoning"Case P-22-93-PZ December 13,2022 Planning and Zoning Commission Staff Report 4 represented by Maxwell Mercer of Projects by Trinity, LLC (applicant) , for a rezoning of four (4) parcels (102-22-384B, 102-22-387A, 102-22-3890, & 102-22-390A) approximately 1 . 49- acres from General Commercial ("B-1") and Industrial by Planned Development (NNB-5/PDff) to General Commercial by Planned Development ("B-1/PD") and a Minor General Plan Amendment from Industrial to Commercial to facilitate a lot combination, subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated with this case and all provisions of the Zoning Ordinance and City Codes applicable to this case . 2) Future development or expansions of the lots and/or existing buildings will trigger a five-foot (5 ) landscape strip along Coconino Drive and Southern Avenue . ErtkalRewrtaftdRIk Prepared by Erika Hernandez Associate Planner Attachments : Exhibit #1 - P-22-93-PZ Application Exhibit #2 - P-22-93-PZ Vicinity Map Exhibit #4 - P-22-93-PZ Final Participation Report "Eagles Rezoning"Case P-22-93-PZ December 13,2022 Planning and Zoning Commission Staff Report VICINITY MAP APACHE JUNCTION LOT COMBINATION NOT TOSCALE BROADWAY AVE. RECORD OF SURVEY MAP P - 22 - - LCM LOTS 376-391 , SUPERSTITION VILLA, BOOK 12 OF MAPS, PAGE 39 o: SECTION 29 a ALSO BEING "THIS MAP IS FOR CITY OF °o APACHE JUNCTION LOT T—F = = A PORTION OF THE SOUTHEAST 1 /4 OF SECTION 29 COMBINATION T. 1 N ., R.8E., G.&S.R.B.&M ., PINAL COUNTY, ARIZONA APPLICATION SUBMITTAL AND IS SUBJECT TO REVISIONS." L _ _ 1._ I SOUTHERN AVE. W. 16th AVE. FND MAG NAIL FND ALUMINUM CAP IN HAND HOLE LS 21773 EAST 1/4 CORNER SECTION 29 CURVE TABLE W. 22nd AVE. CENTRAL ANGLE RADIUS ARC LENGTH LEGEND Cl 90°09'50" 25.00' 39.27'(R) APN O FND MONUMENT AS NOTED FENCE IS 102-22-393A LINE TABLE 0.4' SOUTH BEARING DISTANCE ■ FND 112" REBAR, LS 21773 1 —STORY FND 1/2" REBAR, ACCEPTED, A BUILDING I L1 N00°04�58��W 50.00� AFFIXED CAP/TAG LS 21773 L4 L2 S89°55 02 W 134.91 O MONUMENT NOT FND OR SET APN N89°58'00"E(R) 135' (R) R 102-22-400 L3 N00°04'52"E 385.13' FND FOUND SCALE 1 " = 60' NORTH (R) 384.65'(R) ��,� RECORDED IN BOOK 12 _ L4 N89°55 02 E 134.91 OF MAPS, PAGE 39 4 r 30 EAST (R) 135' (R) C 1 CURVE DATA (SEE TABLE) = L5 S00 01 20 W 409.90 i� v 1 9•8� 0 60 120 NORTH (R) 409.55'(R) L1 LINE DATA (SEE TABLE) N C APN o r 1 —STORY 102-22-401 A APN ASSESSOR'S PARCEL NUMBER 00 BUILDING O S� UTILITY POLE Z w ' �x , - ry _ m UTILITY RISER Z 130 43.5 � C S FIRE DEPARTMENT CONNECTION OU o L �' 20.1' APN CERTIFICATION OF APPROVAL: � FLAGPOLE U Oz BUILDING „� = S 102-22-410A c THIS IS TO CERTIFY THAT THIS LOT COMBINATION RECORD OF SURVEY MAP COMPLIES WITH THE REQUIREMENTS OF THE CITY OF ® ACCESS COVER ® ::.: ::::: : I APACHE JUNCTION; AND THAT THIS LOT COMBINATION RECORD OF (FUNCTION/SERVICE UNKNOWN) :� m 0 SURVEY MAP IS HEREBY APPROVED ON THIS L .. L. LOT LI N E 4— � SAGUARO CACTUS r7 I _ O J . ........:...:...:...:...:...:...:...:...:...:...:...:...:.... TYPICAL cn O DAY OF 2022. o WATER METERLO PROPANE TANKS ON SLAB I p ® WATER LINE BACK FLOW PREVENTER = BY- . ... a, . Al METAL POWER POLE N DEVELOPMENT SERVICES DIRECTOR go MAILBOX LOT LINE -- — ——— — — N ® SANITARY SEWER MANHOLE TYPICAL APN wry 102-22-411 w — x x — CHAIN LINK FENCE , N0 SURVEYOR 'S' CERTIFICATE OVERHEAD UTILITY WIRES —� 20' ALLEY (R) o THIS IS TO CERTIFY THAT THE LOT COMBINATION RECORD OF — o o— GUARD RAIL R (no SURVEY MAP AS DESCRIBED HEREIN WAS ACCURATELY DONE INTERIOR PARCEL LINE 20' FND 1/2" REBAR UNDER MY DIRECTION AND THAT THE COMBINED LOT IS STAKED OR PRIOR TO COMBINATION 30. LS 42137 WILL BE STAKED AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN 1 YEAR AFTER RECORD TION. AO BUILDING IS 0.4' NORTH f 'Cl LANo © COVERED AREA FND BRASS CAP FLUSH, 'u "' "' "' "' SOUTH 1/4 CORNERf 21773 do ��L RAMP AND LANDING ® o DAMES A. o 0 SECTION 29 �... :.:..: � c�i m f r , N © ASPHALT PAVING _ n _...190 12: 249.67 _ o HEWITT ® ROLL CURB & GUTTER S89°55'02"W 2639.57' DAMES A. HE ITT R.L.S. # 21773 S89°58 00 W 2640.85 (R) SO SHED FND CHISELED W. SOUTHERN AVE. ZoNaU•s•P' FND ALUMINUM CAP © SIDEWALK 'Y' ON STONE IN HAND HOLE, CONCRETE WALK/SLAB SOUTHEAST CORNER SHEEP NO. SECTION 29 ABILITY LAND S U RVE"TING, INC. 1 OF 2 ASPHALT PAVING O WNER (FEE NO. 2012-101519 & 202 1-068200) 185 SOUTH MOUNTAIN VI ROAD DATE LOST DUTCHMAN AERIE N0. 3850 F.O.E. APACHE JUNCTION, ARIZONA 85119 6/22 JOB N0. PH 480-982-0413 22-0502 APACHE JUNCTION LOT COMBINATION MAP P-22- - LCM COMBINED PARCEL LEGAL DESCRIPTION PARTIAL LIST OF ADDITIONAL LOTS 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, DOCUMENTS REVIEWED 388, 389, 390 AND 391, SUPERSTITION VILLA, ACCORDING TO BOOK 12 BOOK 12 OF SURVEYS, PAGE 104 OF MAPS, PAGE 39, AND REDEDICATED IN INSTRUMENT RECORDED IN BOOK 19 OF SURVEYS, PAGE 65 DOCKET 430, PAGE 600, RECORDS OF PINAL COUNTY, ARIZONA. FEE NO. 2010-004106 FEE NO. 2017-074027 FEE NO. 2020-014675 NOTES 1. BEARINGS AND DISTANCES SHOWN ARE MEASURED OR CALCULATED UNLESS NOTED OTHERWISE. 2. THIS SURVEY IS BASED ON THE DEEDS RECORDED IN FEE NO. 2012-101519 AND 202 1-068200, PINAL COUNTY RECORDS, AND ON OTHER INFORMATION AND INSTRUCTIONS AS PROVIDED BY THE CLIENT. NO CURRENT TITLE REPORT/SEARCH WAS PROVIDED. ANY OTHER EASEMENTS, RIGHTS—OF—WAY OR OTHER MATTERS OF RECORD THAT MAY AFFECT THIS SITE ARE NOT SHOWN HEREON. J. THIS MAP DOES NOT PURPORT TO VERIFY THE OWNERSHIP OF ANY o s PROPERTY SHOWN OR INVOLVED IN THIS SURVEY. ACTUAL OWNERSHIP LINES MAY BE AFFECTED BY MONUMENTS, LINES OF OCCUPATION AND/OR OTHER UNWRITTEN RIGHTS � JA 77 A. N � 4. THIS COMBINED PARCEL CONTAINS 1.50 ACRES GROSS OR 65,378 HEWITT SQUARE FEET NET. FOR COMPUTATION PURPOSES, PARCEL AREA WAS y � 6 COMPUTED WITHOUT REGARD TO FENCE LINE OCCUPATION. ��ZoNA u.s•P• 5. THIS SITE LIES IN FLOOD ZONE X PER FLOOD INSURANCE RATE MAP NO. 04021 CO020E, EFFECTIVE DATE 121412007. 6. THIS SURVEY WAS PREPARED TO ACCOMPANY A CITY OF APACHE JUNCTION LOT COMBINATION APPLICATION (APN'S 102-22-384B, 102-22-387A, 102-22-389 AND 102-22-390A). IT IS ENTIRELY THE RESPONSIBILITY OF ANY OTHER USERS TO DETERMINE ITS SUITABILITY FOR ANOTHER PURPOSE. ABILITY LAND SUORVE"TING, INC. 2"0 20. 185 SOUTH M 0 U NTAI N VIEW ROAD DATE APACHE JUNCTION, ARIZONA 85119 6/22 JOB N0. PH 480-982-0413 22-0502 TRINITY EST. .02002 t 4 C,9IEECTURE • WtR\0'RS 1.0tizen Participation Report Submitted May 01, 2022 Submitted to: City of Apache Junction Prepared by: Maxwell Mercer d.a.t.d., assoc.AIA Re: Neighborhood Meeting Notification for the Properties Located at 2315, 2267 and 2295 S Coconino Dr 2 Project Description Our office represents The Fraternal Order of Eagles in Apache Junction with respect to the three (3)properties currently owned located at the Southeast corner of Southern Ave and Coconino Drive in Apache Junction. The purpose of this letter is to introduce ourselves and inform you that we are filling an application with the City of Apache Junction to rezone the three(3)properties consisting of multiple zonings,B-1 Commercial and B-5/PD Light Industrial to be governed under one(1)zoning B-1/PD. This will make the zoning consistent with the existing Eagles Club House located at 2315 S Coconino Dr.which is currently zoned B-1. 3 Date, Time and Location of the Neighborhood Meeting We will be hosting a neighborhood meeting to provide an opportunity to learn more about this proposal.Following our presentation,the floor will be open to questions or concerns. The neighborhood meeting will be hosted at the Eagles Club,2315 S Coconino Dr.,May 18'a',2022 at 10:00am.If you are unable to attend,please feel free to contact me via email at services ,pro q sb trinit .com should you have any questions or concerns regarding this proposal. 4 Notification Details The neighborhood meeting was noticed in accordance with the City's coed requirements including a mailed notification which was complete on May Ols', 2022. Notification Letter was submitted with our original submission. 5 Summary of Neighborhood Meeting Projects By Trinity LLC. Telephone: 602-459-2900 Email: services@projectsbytrinity.com TRINITY CS—T Oe&p2OO2 t 4 C11IEECTURE • WtR\O'RS Two (2) owners/neighbors attended the meeting along with myself and three (3) club members, then the application provided an overview of the application request and shared a presentation and detailed description for the Eagles Club current and future use(s)for the property. The applicant received positive feedback regarding their application. The one (1) neighbor to the immediate north of the property asked if the Eagle were planning on keeping a fence between the two (2)properties. The Eagles assured him that they are. The second neighbor immediately to the west had no comments except to say that he liked what the Eagles were proposing and glad to see the north properties being cleaned up. 6 Public Hearing Notification In Accordance with the City's code requirements,the applicant posted a public hearing sign on the site November 23, 2022. The original Sign Posting Affidavit has been hand delivered to the city of Apache Junction. Thank you for your courtesy and consideration. Sincerely, Maxwell.J ercer d.a.t.d.,Assoc.AIA(American Institute of Architects) Projects By Trinity,LLC Projects By Trinity LLC. Telephone: 602-459-2900 Email: services@projectsbytrinity.com City ofApache Junction Development Services Department Date: January 17, 2023 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Interim Planning Manager From: Erika Hernandez, Associate Planner Subject: January 17, 2023, City Council Public Hearing Item: P-22-93-PZ (Ordinance No. 1532) . A proposed rezoning by Planned Development request by The Lost Dutchman Aerie No. 3850 of four (4) parcels (APN 102-22-384B, 102-22-387A, 102-22-3890, & 102-22-390A) from General Commercial ("B-1") and Industrial by Planned Development ("B-5/PD") to General Commercial by Planned Development ("B-1/PD") Background The properties being considered in this rezoning are located on the northeast corner of Southern Avenue and Coconino Drive. The parcels are identified as Pinal County Tax Parcel Nos . 102-22-384B, 102-22- 387A, 102-22-3890, and 102-22-390A and are proposed to change from General Commercial ("B-1") and Industrial by Planned Development ("B- 5/PD") to General Commercial by Planned Development ("B-1/PD") to facilitate a lot combination. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on December 13, 2022 (planning staff report and exhibits attached) . The Commission unanimously recommended approval of the proposed rezoning. The attached ordinance represents Staff' s and the Commission' s recommendation. Staff Recommendation Staff recommends the approval of the proposed rezoning case P-22-93-PZ subject to the conditions found in the staff report. Attachments : - Draft Ordinance No. 1532 - PZ Staff Report from December 13, 2022, with all attachments. Planning&Zoning-Building-&Safety-Revenue Development 300 F. Superstition Boulevar0 I Apache Junction,As 85119 1 Ph:(480)474-5083 1 Fax(480)992-7010 ORDINANCE NO. 1532 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE P-22-93-PZ, A PROPOSED REZONING FROM GENERAL COMMERCIAL ("B-1") AND INDUSTRIAL BY PLANNED DEVELOPMENT (ANB-5/PD") TO GENERAL COMMERCIAL BY PLANNED DEVELOPMENT ("B-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the properties legally described below are currently designated "Commercial" and "Industrial" and the surrounding neighborhood is designated "Commercial", "Industrial", and "Residential" under the City' s general plan; and WHEREAS, the proposed rezoning does not conflict with the surrounding general plan designations found in the immediate neighborhood; and WHEREAS, on December 13, 2022, the Apache Junction Planning and Zoning Commission recommended in a vote of 7 : 0 to approve the rezoning case NO. P-22-93-PZ to City Council; and WHEREAS, pursuant to A.R. S . § 9-462 . 01 (1) , the City Council, before adopting any Zoning Ordinance or text amendment of general applicability, shall consider the probable impact the proposed Zoning Ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the City Council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R. S . § 9-462 . 01 (1) . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcel of land legally described as : ORDINANCE NO. 1532 PAGE 1 OF 3 LOTS 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, AND 386 OF SUPERSTITION VILLA IN BK 12 OF MAPS PG 39 IN SEC 29- 01N-08E, 45394 SQ FT, 1 . 04 AC; SUPERSTITION VILLA LOTS 387 & 388; SUPERSTITION VILLA LOT 389; SUPERSTITION VILLA LOTS 390 & 391 be and hereby is amended from General Commercial ("B-1") and Industrial by Planned Development ("B-5/PD") to General Commercial by Planned Development ("B-1/PD") , subject to the following conditions of approval : 1) The property shall be developed in accordance with the plans associated with the case on file with the Development Services Department as well as all applicable City Zoning Ordinances and other City codes . 2) Future development or expansions of the lot and/or existing buildings will trigger the need for a five-foot (5' ) wide landscape strip along Coconino Drive and Southern Avenue . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 . SIGNED AND ATTESTED TO THIS DAY OF , 2023 . WALTER "CHIP" WILSON Mayor ORDINANCE NO. 1532 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1532 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-796 Sponsor: Shane Kiesow Agenda Date:2/7/2023 Index: In Control: City Council Meeting Presentation, discussion and consideration of approval of award of contract to Viasun Corporation for the construction of curbing to the Apache Trail medians,from Ironwood Drive to Ocotillo Drive. The work will be through Pinal County Cooperative Job Order Contract No. 175623 in the amount of$345,520.75 plus a 10% contingency for unforeseen change orders in the amount of$34,552.07, for a total project cost not to exceed $380,072.82. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 Public Works Department Home of'the Superstition Mountains Date: December 6, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# PWC2019-13D Award City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project PWC2019-13D for the installation of curbing for the Apache Trail medians between Ironwood Drive and Ocotillo Drive for a not to exceed amount including 10% contingency for unforeseens of$380,072.82. This work is allocated in the current fiscal year HURF budget. The work involves the construction of cement concrete curbs around the medians to facilitate roadway drainage and protect landscape improvements planned for these medians next year. The work plans to last for about two to three weeks toward the end of January into February 2023. Work would occur during the day-time hours only with limited impacts to vehicular traffic lanes with no impacts expected to adjacent business accesses. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NCB.: PWC 019.1 "Apache Trail Median Curs, Phase 4" THIS AGREEMENT made and entered into by and between the CITY OF AP HE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a"Marty". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Pinal County cooperative job order contract no. 175623, Contractor's estimate (attached hereto as=Exhibit A) dated October 4, 2022 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public binding requirements under Arizona Revises! Statutes ("A.1 . .") Title 34 and Apache Junction City Code, Vol. 1 Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions setforth as follows 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be dome and performed in a good workmanlike manner,- the _Work in accordance with and as more fully described] in the Contract Documents: 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Three Hundred Forty-Five Thousand Five Hundred Twenty Dollars and Seventy-Five Gents ( 345,520.75) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract documents, City shall promptly submit for processing a certificate for payment stating that, to the best of Its knowledge information and belief on the basis of its observation and Inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than December 5, 2022 and shall complete It no later than February 18, 2023. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools=and machinery, water, heat, utilities, transportation, ether facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not Incorporated or to be incorporated In the Work. S. INSPECTIM AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, In its sole discretion, whether the Work has been performed in accordance with the Contract documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6.- WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City, prior to final acceptance of the Work. delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not In limitation of any other warrantees,guarantees or'remedles required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. 16MA: Contractor shall pay all license, sales,transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. ?9RM1j9--&-j99S: Unless otherwise provided In the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands than the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth In Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and If so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures Its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT COOT-RAMR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment Insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using Its best skill and attention. Except as provided In this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the 3 Work required by the Contract Documents. contractor shalt be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. l PERINTEN©ENT. Contractor shall employ a competent project superintendent who shall be In attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project.-Work may progress during regular City business hours only if:It Is determined by City not to disturb normal operations 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, Indemnify and hold harmless City, Its elected and appointed officers officials,agents,and employees from and against any and all liability Including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees,arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions,the Work or services of Contractor, Its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or Its subcontractors In the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents„ and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, Impairment, or destruction of property Including loss of use resulting therefrom, caused by an Contractor's acts, errors,'mistakes, omissions, work or services' In the performance of this Agreement Including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBC R C1M: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 4 14. AEFWPABLI LAW AN�Nl1E: The terms and conditions of this Agreement shall be governed by and Interpreted in accordance with the laws of the State of Arizona. Any action at law or In equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party In such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court In such action, 15. NS R,4, NCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum Insurance with companies duly licensed, possessing a current A.M. Best, Inc.. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained In full force and effect until all Work required to be performed under the terms of; the Agreement Is satisfactorily completed and formally accepted;failure to do so may, at the sole discretion of City,constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to It. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an Insurance policy warranty shall not affect coverage afforded under the Insurance policies to protect City. The Insurances policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery {subrogation} against City, Its agents, >officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions,Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at Its option, may require Contractor to secure payment` of such deductibles or self-insured retentions by a surety bond or an Irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required Insurance policies and/or 5 endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, Its agents, officers, officials and employees as Additional Insureds. REQUIRED COVER C mme ci I General t_iabi Contractor shall maintain Commercial General Liability Insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,O00 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal Injury, products and completed operations and blanket contractual coverage Including, but not limited to the liability assumed under the Indemnification provisions of this Agreement,, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 0O011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional insured, Form B, CG-20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed+operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective liability Insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with"a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same Insurance company that Issues Contractor's Commercial General liability Insurance. Aytomobile liability Contractor shall maintain Commercial/Business Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, 6 and non-owned vehicles assigned to or used In performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, `any auto", (insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shell include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $6,000,000 per accident limits for bodily injury and property damage shall apply. Workers'Compensation Contractor shall carry Workers' Compensation insurance to cover obligations Imposed by federal and state statutes having jurisdiction of Contractor's employees engaged In the performance of the Work; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and$500,€ 00 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. §-23-901 et seq. which requires every employer to be Insured against liability for workers' compensation or to undertake self-insurance In accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation Insurance Is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such Insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to n. provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, Issued by Contractor's Insurer(s) as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be Issued and delivered to City'Attorney, City of Apache Junction, 300 East Superstition Boulevard,Apache Junction,AZ, 85119. In the event any Insurance policies required by this Agreement are written on a "claims made basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance, If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30)calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of C:ity's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall b filed with the City and shall include the City as an additional insured. The policy or policies shall be In the usual form of a public liability insurance, but shall also Include the following provision. "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, It is agreed that the City of Apache Junction and Its officers and employees are added as additional insureds under thispolicy." Insurance required herein shall not expire, be canceled, or materially changed without thirty(30)calendar days' prior written notice to City. 16, CHANGE ORDERS A change order Is a written order to Contractor, approved by the City representative, Issued after execution of this maintenance agreement authorizing a change In the Work or an adjustment In the maintenance agreement suns or the maintenance agreement time. A change order signed by Contractor Indicates their agreement therewith. City may, without Invalidating this maintenance_agreement, order changes In the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change Order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment In the maintenance agreement sum or extension of maintenance agreement time and not Inconsistent with the Intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained In the contract documents. Neither Party to the contract shall assign the contract or sublet It as a whole or delegates the duties thereunder, without the written consent of the ether, nor 8 shall Contractor assign any monies due or to become due to It without the previous written consent of City. 18. WRITTEN NOTICE Written notice shall be deemed to have been duly served If delivered In person to the Individual or member of the firm or entity,or to an office of the corporation for whom It was Intended or if delivered t or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS_FOR DAMAGES: Should either Party to the contract suffer Injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made In writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PA NT & PERIE MAN 9N: City shall have the right to require Contractor to furnish bonds covering the faithful;performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21 SAFETY. Contractor and/or its subcontractors shall be stalely responsible for job safety at all times. 22. RIGHTS RE E IES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be In addition to and not a limitation of any duties, obligations, rights and remedies otherwise Imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to In writing. S. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed Its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") clue to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, Including, but not restricted to, acts of Goad, fires, floods, epidemics, pandemics, quarantine, restrictions,embargoes, labor disputes,and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terroriser or eco-terrorism), nuclear radiation, blockade, Insurrection, riot, labor strike or interruption, :extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced belay Include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor In connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced delay} In the event of the occurrence of any such Enforced belay, the time or times for performance of the obligations of the Marty claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty 0 calendar days after such Party knows or should know of any such Enforced belay, first notify the ether Party of the specific delay In writing and claim the right to an extension for the period of the Enforced belay; and provided further that In no event shall a period of Enforced Delay exceed ninety(90) calendar days, 24. TERMINATION: A. TER INATICI CITY: City shall be permitted to terminate this Agreement If in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City falls to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (1 u) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and ether casts pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDM,EIVT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made In writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager,or his or her designee), shall be authorized to execute future`amendments or extensions of this Agreement. 10 7. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It Is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless trade in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 8. SEVERABIL.ITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are In compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement,as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions In this Agreement. Any delay In performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST. This Agreement Is subject to, and may be terminated by City In accordance with,the provisions of A.R.S. §38-611. 31. PRQIfIR E IN BOYCC?TT Q THE ATE QF I, RAEL. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage In boycotts of the State of Israel. Should Contractor under this Agreement engage In any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. ,Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS. Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 1 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23.214A . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Ve ify program. if Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal Immigration laws and regulations that relate to its employees and A.R.S. § 2 - 214A , and subcontractors shall farther warrant that after firing an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. "A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreements Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per clay for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance'with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23. 14(A . City retains the legal right to Inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any Inspection will be conducted after reasonable<notice and at reasonable times. if state law Is amended,the Parties may modify this paragraph consistent with state law. - �SIGNATURES TO BE ON FOLLOWING PAGES__--- 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 2022. CONTRACTOR: VIA SUN C RP ATIO, -a rizana corporation By: Its. CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation By: Wafter ► n Its: nr ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 1 STATE F r _ ss, County of The foregoing as subscribed and sworn to beforo me this y of2022, by i of i sun Corporation, an Arizona corporation. EATRIE t ACOST A Ntao tubAnzon a opuny CoIS90A 59A74 MComm£apies J 3 7 0 25 ary P iic My Commission Expires: STATE OF ARIZONA )ss. COUNTY F Pl Al_ The foregoing was subscribed and sworn to before me this day of , 2022, by Waiter"Chip"Wilson, as Mayor of the City of Apache,!unction,Arizona, an Arizona municipal corporation. Notary Public My Commission Expires. 1 EXHIBIT A 321 E,SuperiorAve, Phoenix,llnzona 85040 Phone:(480)268-9669 E :( 0)223-6295 Corporations Date:1010412022 220048 Apache'Junction A lta Tait an dl 1 � 175023 €Connue6nrt is_ ltcmtto. C1et+Rti` oneQua ttJhit. #s tCo>tt' i r>"; otint aclna TraillNadlan trrtr , mart; 10 General CondiWns, 20 OAY $2250M $45.000,00 20 Mobifeation i L $3.50000 $3,5W 00 30 Traffic Cortrol 1arrrcadirt 20 DAY $1, $37.0MOD 40 tOuslity Control T srrrg 1 LIS $3. 00 $3,80000 50 Oymers Antra f L,S $20, -00 20 Ott Subtotal General Items t Work Items 60 Asphalt Saw Culling 2789 LF $2,98 $8,31122 70 Remove and Hach edsary Asphalt 215 SY $5294 $1082,10 00 Install Nevi Scupper and Rip Rep Drainne OpeNrg 7 EA $25M00 $18,06000 90 Install New MAG 222 Concrete Curb 2768 Lp $4184 $118,5 1 1 100 Replace Asphalt 1 Patching Mmg New Curb 50 T $352,64 $17.632 00 I to Pavement Markings I L$ $6,500,00 $6,50,00 $0.00 $0,00 Subtotal work Items $180,466.44 Total Direct Cost $289,766.44 Subtotal $289,760.44 Indirect Cott 500 Overhead S Profit 9500% $27,527,81 Subtotal $27,527.01 Total $311,20415 $10 In umn t $3.172 94 520 Bond 1, % $4,759A1 Subtotal $325,226.60 Sates Tex 24 ,294,14 TOW S345,620.76 I City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 23-054 Sponsor: Shane Kiesow Agenda Date:2/7/2023 Index: In Control: City Council Meeting Presentation, discussion, and consideration of an award of contract to Cactus Asphalt for slurry seal treatment at various locations throughout the city. The work is planned to take place in March and April 2023 and will be through Pinal County Cooperative Contract No. 175923, in the amount of$563,000.55 plus a 10% contingency for unforeseen change orders in the amount of$56,300.05, for a total project cost not to exceed $619,300.60; the work will result in a new protective wearing surface prolonging street life. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 Public Works Department Home of'the Superstition Mountains .ter. Date: January 24, 2023 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolf, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# SST22-38 Award City staff respectfully requests city council consideration of award of contract to Cactus Asphalt for project #SST22-38 for the slurry seal treatment of various streets within the city for a not to exceed amount including 10% contingency for unforeseens of$619,300.60. This work is allocated in the current fiscal year Street Sales Tax budget and is part of Public Works' Fiscal Year 2023 Capital Improvement and Street Maintenance Plan. The work involves the slurry seal of portions of Southern Ave., Delaware Dr. and various residential streets within the city. The work is expected to last for two to three weeks in March and April 2023. Work would occur during the day-time hours only with limited impacts to vehicular traffic lanes and adjacent side streets and driveways. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST22-38 "Fiscal Year 2023 Slurry Seal" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and CACTUS ASPHALT, an Arizona corporation, "Contractor"), sometimes collectively referred to as the"Parties", or individually as a"Party" RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goads and services (the "Work") called for in Pinal County cooperative Contract No. 175923, Contractor's Estimate gated November 28, 2022(the "Contract Documents"), or as more fully described in Exhibit A. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Cade, Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt fro such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth s follows. I. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner,the Work set forth in in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed-of Five _Hundred _Sixty-Three Thousand Dollars and Fifty-Five Cents ($563,000.55) (tire "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full terra at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT TERM: Upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than March 1, 2023 and shill complete it no later than May 31, 2023. This provision does not limit the liability=of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and Insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, :whether temporary or permanent, and whether or not incorporated or to be incorporated In the Work. 5, INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of:City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of:the Contract<Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies 2 required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable clue to acts of jurisdictions or bodies ether than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all Permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cast. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current ,wring the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section i. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or ether licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. g. INDEPENDENT CONTRACTOR:Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation >or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and ether persons providing any of the Work. 3 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shalt be in attendance at the project site during the progress of the Mork. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shell be as binding as if given to Contractor. Important communications shell be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATIONS To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents,and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier ofContractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified b Contractor prior to award of contract. Contractor- shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for 4 the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pines County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement,;it is mutually agreed that the prevailing Party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE, Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with .companies duly licensed, possessing a current A.M. Rest, Inc. Rating of B++6, or approved unlicensed in the ;Mate of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a`material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded sunder the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the: deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (1 Q) working clays, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such 5 ` receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under•this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General liability additional insured endorsement shall be at leant as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective >Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of ,Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "arty auto", 6 (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers',Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as fellows: "I am aware and understand the provisions of A.R.S. § 23 901 a seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with;;the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full farce and effect. The farm of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction,AZ,85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. 7; If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30)calendar clays prier to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the ,usual farm of a public liability insurance, but shall also include the following provision. "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) calendar days' prior written notice to City. 13: CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order +changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum, and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order miner changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be affected by written order and shell be binding upon City and Contractor. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the ether Marty hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegates the duties thereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 8 1 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the flan or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CL. IMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bands covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond farms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 2 . SA►FETY': Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing 23. FORCE MAJEURE Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of Gad, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severer* weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror {including but not limited to bio-terrorism or e+co-terrorism), nuclear radiation, blockade, de, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay Include 9 any delay resulting from unavailability for any reason of tabor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the ether party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days, 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified" U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATIC?N= BY CONTRACTtJR: Contractor may terminate this Agreement if City falls to make payment as agreed upon in this document. ,Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.B. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records ofContractor's labor, payroll and ether casts pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terns and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the: Parties (signatory for Contractor noted below or his or her designee, and the City Manager,or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede: all 10 prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this agreement shell be valid unless made in writing and signed by the Parties hereto. Written, and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision t(herein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable lavers. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this ;Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a mangier so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute,cut+e, cknowl ge end/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all previsions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511.' 31 PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISIRAEL: The Parties acknowledgeA.R.S. 3s- 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract: 2. COMPLIANCE WITH FEDERAL AND 'STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this agreement. s required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23.214(A)t Contractor further warrants that after hiring are employee, Contractor will verify the employment eligibility of the employee through the E- Verify program} If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of 100 per day for the first violation, $540 per day for the second violation, and $1,000 per day for the third violation. -City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors ,establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. SIGNATURES TO BE ON FOLLOWING PAGES 1 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by:their duly authorized representative as of=this day of 2023. CONTRACM: CACTUS ASPHALT, an Arizona corporation Its: Mrkd&wg tiv4API CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation y: alter`Chi i so Its:Mavor CITY OF APACHE JUNCTION,ARI O A, an Arizona municipal corporation ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: 4:40 Br*zl— Richard J.Stern City Attorney STATE OF Ath(WA } County of ) The foregoing was subscribed and sworn to before me this day of 2023, by Y &6-w as 04oAgAi ._.Of Cactus Asphalt, an Arizona Corporation. Notary Public My Commission Expires. W.W, 140s ftury public-ki"fta #4*0pi CW ty eommistw#629433 Iy Canr+.UsirosApr 26,2026 STATE OF ARIZONA } ) s. COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this clay of , 2023, by Walter"Chip"Wilson,as Mayor of the City of Apache Junction Arizona,an Arizona municipal corporation. Notaryu lic My Commission Expires. EXHIBIT A Addresm s7s e ( )982-1055 Apache l AZ SS219 ( )983-5752 Project Name: FY23 Slurry Seal Bid Number: yProled y Location: V f Apache Junction,AZ : 11/28/2022 If unit Unit Pike Taut Pike 5-14 Slurry Seal Binder.LMMS,>100 TNS 210.00 TON $1,057A0 $222,054,00 5-28 Slurry Crype II)Residential 1,538.00 122.Q0 $187,MOD S-29 to(Type it)Artel 288.00 TON $12 .00 $35,712.00 Southern Only S-35 Tr -Slurry And Micro Seat(Based On BInder 2 0.00 TON $141.00 $29,610,00 TON) 7-4 IS MtL(4`)White Traffic Paint Stripe 12,88tLOO LF $0.16 $2,062.08 7-S 1S MIL(4-)Yellow Traffic Paint Stripe 20,850.00 LF $0.16 $3,33 = 7-6 Paint 14.00 EACti $79.00 $1,106.00 Double Head Arrows Changed 1.5x 7-8 Paint S (Bike Lane Marlding Set) 4,00 EACH $103.00 $412,00 9-1 Traffic (Not For Items No,1• ), 1.00 IS $11,975.00 $11,975.00 TIC For Striping 2 Message Board( ): 54.00 DY $75.00 $4,00.00 Southern Road Onl 6 VMS 7 Days In Advance Documel Existing Pavement 1.00 LS $7,500.00 $7,500.00 -7 MiscellarxKks Removals And Other Work. 1.00 LS ( 10, .00) ($10, 00) Quantity Oiscount 9-7 M p y,hs als OFFOFF DUTYq C Other Workg. ��,yry 1.00 LS $4,500.00 $4,500.00 (AS Paved Surface kV: 23,50 MILE $1,050.00 $24,759,00 16CO20 S /7,040 SY/Mi Community 1.00 LS $7,500.00 7, .00 Post And Notify Neighborhoods BW Pike Subtotal: $532t212.00 Pill CountiI State And Apache Junction S,"%: $30,788.47 Total Bid Pl $S63,000.5!; tag Terms and Conditions to ° All schodukV contingent _ upon mutual agreement of Owner and Cactus Asphalt Rims above based on completing each tl in one mobilization. If an additional mobilizationis required,dwges may apply Quoted prices are valid for 14 days unless otherwise noted. Cactus is root responsible for notification,nor removal o(vehictes and property from work areas. Cactus will re l voith exclusions be Included in any contractual agreement In the event that quanittles differ from above,tXiiing will refled agreed measured quaril EXCLUSIONS( ).Permits,Plarl Engineering,Staldng,As `t%Testing, ion,Clear&Grubb,Grading, Landscaphl Weed Killer,Cja&Routing,Oad-Sealing,Asphalt Patching,ABC or Landscape Materials,Vegetation Replacernent mative Seats, Prime Coat Concrete Structures,Irrigiabon or Pipe Work,utility Removal or Relocaticin,Drywells,Pip/ ,Structural SaddIll,RFIMs or Oblitwation Signage,Parldng Bumpers Removal or Replacement ImpoM Export Excavationlira tall of Debris Gal by Other Trades,Erosion Control, Pavement Edge,Project Information Sign And Any Special Insurance Requirements. Asphalt materials Pricing is based on the current months ADOT index for 01turninous materials. are i t e Wit be Increases in t forward,Ad is to, for paving item will be made and finalized 14 days pdor to the time of scheduled cation,documentatim and communicilition. Proposal based off Pinai County JOC#175923 121V2022 i zz.3s PH i City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 23-019 Sponsor:Tess Nesser Agenda Date:2/7/2023 Index: In Control: City Council Meeting Direction to staff on board and commission member selection; changing Apache Junction City Code, Volume I, Section 2-9-2, relating to the number of Public Arts Commission members, as well as the membership required involvement within the arts community. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 Membership shall be comprised as follows: § 2-9-2 MEMBERSHIP AND TERMS OF OFFICE. Two members: practicing artists (either resident or not) from the visual, public, and performing arts discipline); Two members: a person (either resident or not) with an interest in visual, performing arts, architecture or urban design; One member: practicing professional (either resident or not) from the field of design, or architecture, (should an eligible applicant not apply, an additional practicing artist shall fill this seat); One member- a person (either resident or not) with an interest in the history of Apache Junction, the State of Arizona, and/or the surrounding area; and One member: a regional business representative from an organization that supports the arts and culture. The Commission shall have, at a minimum, 4 Apache Junction city residents § 2-9-3 DUTIES. It shall be the duty of the Art Commission to: (A) Promote and encourage diverse citizen participation in public art; (B) Assist corporations, commercial developments, and other private and governmental entities to incorporate public art; (C) Recommend the operating and capital improvement program budgets for the public art program; (D) Conduct the request for qualifications process for all public art installations; (E) Review gifts of art offered to the city for artistic and cultural purposes; (F) Provide information, recommendations and advise City Council and staff on public art policies and initiatives relating to the city's mission and vision statements for all art; (G) Serve as recommending body on public art projects relating to art in public places; (H) Serve as the recommending body on public art projects relating to art in private development. (Ord. 1478, passed 9-17-2019) City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 23-058 Sponsor: Liz Langenbach Agenda Date:2/7/2023 Index: In Control: City Council Meeting Direction to staff on various changes to the City Code, including: review of officers in Article 2-8-4: Parks and Recreation Commission; removal of Article 3-13-5: Parks and Recreation Department- Banner Placement and Supervision; and an addition within Article 3-13: Parks and Recreation Department to include management of trees and plants in public spaces. City of Apache Junction,Arizona Page 1 Printed on 2/2/2023 Cit 0 achejunction Y )f'4P W . "Zot4 Homeqf the Superstition Mountains MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: January 24, 2023 SUBJECT: Direction to Staff: Changes to the City Code Related to the Parks and Recreation Department Staff is proposing items within the city code to be reviewed and updated by the Parks and Recreation Commission in upcoming meetings: Article 2-8 PARKS AND RECREATION COMMISSION § 2-8-4 OFFICERS The commission does not require a secretary, as our Administrative Assistant has historically been responsible for all meeting minutes and agendas. Staff recommends removing the secretary position from this section Article 3-13 PARKS AND RECREATION DEPARTMENT § 3-13-5 BANNER PLACEMENT AND SUPERVISION The city no longer manages banners in the median and has moved to an electronic marquee system. Staff recommends removing this section from the code Article 3-13 PARKS AND RECREATION DEPARTMENT In order to fulfill a requirement for Tree City USA designation, the department must be given specific responsibility to manage the trees and landscaping in public spaces. Staff recommend adding a section to Article 3-13 as appropriate Staff is requesting council direction to review Article 2-8 (Parks and Recreation Commission) and Article 3-13 (Parks and Recreation Department) with our commission members at an upcoming meeting and bring back proposed changes for eventual council adoption. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119 e PHONE(480)983-2181 9 FAX(480)982-2438 9 TDD(480)983-0095 ARTICLE 2-8: PARKS AND RECREATION COMMISSION Section 2-8-1 Creation 2-8-2 Membership and terms of office 2-8-3 Salaries and personal expenses 2-8-4 Officers 2-8-5 Meetings 2-8-6 Vacancies 2-8-7 Removal of members 2-8-8 Duties §2-8-1 CREATION. A Parks and Recreation Commission of the City of Apache Junction is hereby created. (Prior Code, §2-8-1) § -8-2 MEMBERSHIP AND TERMS OF OFFICE. (A) The Parks and Recreation Commission shall consist of 7 members who shall be appointed by the Mayor and approved by the Council. Ex-officio members, without voting privileges, may be designated by the Mayor with the approval of the Council. (B) Commission members shall all serve for a term of 3 years or until their successors are duly appointed by the Council. Terms of members shall be so staggered that the terms of no more than 3 members shall expire in any 1 year and, in accordance with this section, all such terms shall expire on October 31 of succeeding years, except that in the event of the Board membership complement falling below the required quorum level set forth in § 2-8-5, the membership vacancies shall be filled by the Council for their unexpired terms any time before the annual October appointment cycle using the then- existing talent bank applications. If a reduction in membership is ever approved by the Council,the terms of office due to expire or unfilled at the time of amendment shall remain so and no future appointments shall be made to replace those members. (C) All members shall be residents of the City of Apache Junction. (Prior Code, §2-8-2) (Am. Ord. 1328, passed 10-27-2008; Am. Ord. 1520, passed 12-7-2021) §2-8-3 SALARIES AND PERSONAL EXPENSES. The members of the Parks and Recreation Commission shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expanses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expense is first authorized and approved in advance by the Council. (Prior Code, §2-8-3) §2-8-4 OFFICERS. The Commission shall elect a Chairperson,Vice Chairperson and Secretary from their members to serve for a period of 1 year. The Vice Chairperson shall preside at meetings in the absence of the Chairperson. (Prior Code, §2-8-4) 2-8-5 MEETINGS. The Commission shall establish a regular meeting day and time at least once a month. Special meetings may be called as required. A quorum shall consist of 4 voting members for the transaction of all business. (Prior Code, §2-8-5) §2-8-6 VACANCIES. Vacancies shall be filled by the Council in accordance to Vol. I, §2-8-2 for the unexpired term of the member affected. (Prior Code, §2-8-6) §2-8-7 REMOVAL OF MEMBERS. Members of the Commission serve at the pleasure of the Council and may be removed by the Mayor with the concurrence of the Council. A member shall not be absent from Parks and Recreation Commission regular meetings for more than 3 consecutive times without a reasonable excuse. After the absence of 3 consecutive meetings the remaining members of the Parks and Recreation Commission shall vote to retain or recommend to the Council that the absentee member be relieved of his or her duties on the Commission. (Prior Code, §2-8-7) §2-8-8 DUTIES. The Commission through the Director of Community Services shall recommend regulations and policy for the government, control and improvement of the public parks of the City of Apache Junction. The Commission shall also recommend fees for the use of public park facilities and recommend full time or seasonal employees as necessary for the efficient management of the city parks and recreation program. (Prior Code, §2-8-8) ARTICLE 3-13: DEPARTMENT OF PARKS AND RECREATION Section 3-13-1 Department established 3-13-2 Divisions of the Department 3-13-3 Powers and duties 3-13-4 Assignment and custody of physical properties 3-13-5 Banner placement and supervision §3-13-1 DEPARTMENT ESTABLISHED. There is hereby created the Department of Parks and Recreation, an executive department of the city. It shall consist of the Director of Parks and Recreation who shall be the head of the department and all officers and employees assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the director,who shall operate solely under the guidance and direction of, and report directly to, the City Manager. The Director of Parks and Recreation shall supervise the department in accordance with the applicable personnel ordinances and Vol. I, Article 3-10 and shall exercise such powers and perform such duties as are customarily conferred and required by Vol. I, applicable ordinances, resolutions or lawful directives. The position of Director of Parks and Recreation is hereby declared as classified service, and the Director shall be appointed and removed by the City Manager subject to ratification of the Council and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code, §3-13-1) §3-13-2 DIVISIONS OF THE DEPARTMENT. There are hereby created within the Department of Parks and Recreation, the divisions of recreation, park development and maintenance; and other such divisions as the Director deems appropriate for the efficient and expeditious operation of the department. Division heads shall be appointed and removed by the Director of Parks and Recreation subject to ratification by the City Manager and the provisions of Vol. 1,Article 3-10 as it now exists or may be hereafter amended. (Prior Code, §3-13-2) §3-13-3 POWERS AND DUTIES. The Director of Parks and Recreation shall: (A) Administer and operate existing recreation and park areas, facilities and programs and plan for the acquisition, development and operation of proposed facilities and programs in accordance with policies set by the Director, by lawful directives, by the Council and,when possible, with the recommendations formulated by the Parks and Recreation Commission; (B) Prepare an annual budget for presentation to the Council; (C) Inform the general public of the services and facilities being provided by the Department of Parks and Recreation; address professional civic and lay groups on recreational subjects; solicit suggestions from the general public on increasing the effectiveness of the recreation programs; cooperate with governmental and voluntary organizations and agencies in the solving of recreation problems; provide, upon request, assistance of a technical nature to community agencies and organizations on problems related to recreation and park facilities and programs; (D) Assist community organizations in the promotion of recreation services; conduct studies of local conditions and needs for recreation services; assist with the recruitment and training of professional recreation personnel and volunteer leaders; (E) Upon request, advise the Council, the Parks and Recreation Commission and community organizations concerning the expenditure of public funds for recreation and parks; acquisition, design and development of recreation facilities and areas; and shall maintain effective and cooperative relations with all city officials, state and federal agencies and with local, state and national voluntary recreation organizations; (F) With the approval of the Mayor and Council, post such rules and regulations as deemed necessary for the conduct of persons in the parks and other recreational facilities under his or her jurisdiction; and (G) Supervise, process and approve all requests for placement of banners at designated public property locations currently and as established in the future, in accordance with Vol. I, §3-13-5. (Prior Code, §3-13-3) §3-13-4 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES. All parks, playgrounds, recreational facilities and open space properties of the city shall be and are hereby assigned to the Department of Parks and Recreation.The Director of Parks and Recreation shall be the custodian of all tools, equipment and other personal property assigned to the department of community services. (Prior Code, §3-13-4) §3-13-5 BANNER PLACEMENT AND SUPERVISION. (A) Any person, partnership, association, company or corporation may request the placement of banner(s)on designated locations on city-owned property by filing with the Director of the Parks and Recreation Department or designee thereof (hereinafter"director")an installation fee as established in Vol. I,Article 4-1 Parks and Recreation Fee Schedule, and a completed application provided by the parks and recreation department stating the following: name of applicant, address, phone number, sponsoring organization, contact person, purpose of banner, complete description of activity being promoted and description of the message, artwork and logos to be displayed. (B) Permission to display a banner is subject to a"first-come, first-serve" basis, provided that the following is satisfied: the banner promotes an event or service available for or open to the general public which is of community-wide interest in the city; and the request for the display of the banner has been initiated at least 30 consecutive calendar days before the desired date of placement. (C) All banners may be displayed for a maximum of 14 consecutive calendar days once a year.All banners shall be made and supplied by applicant or its agent and shall be made of flame retardant heavy canvas (12-ounce minimum), 18-ounce vinyl or equivalent in strength and durability according to industry standards.All banners must have printing on both sides, with perimeter grommets spaced no further than 2 feet apart, with a minimum of eight 6-inch wind relief holes or baffles, and can be no larger than 3 feet tall and 30 feet long. (D) The Director shall supervise city personnel in actual removal and placement of banners at initial placement and at other times for maintenance and replacement as requested by applicant. However, applicant shall have the responsibility for informing the Director of the need for such replacement and maintenance based on a visual inspection.Applicant must deliver a new banner to the director in situations in which replacement is needed. If the Director observes at any time after the banner has been displayed that it is damaged, insecurely fastened or obstructs the view of any motorists or pedestrians, the Director may cause such banner to be removed without first notifying the applicant. In such case, the Director shall notify the applicant that the banner was removed and allow the applicant 48 hours to provide the Parks and Recreation Department with a new banner to be displayed.Any display interruption due to removal of the banner by the Director caused by any of the 3 reasons set forth above will not toll the time limitations referenced in division (C)above. (E) Corporate and/or commercial sponsors and their logos may be listed on such banners, but the name and logo of the sponsor shall not exceed 1/3 the height and length of the name of the event, as printed on the banner. Banners cannot be used by political candidates or political committees for campaign purposes. (F) Permission to display banners may be revoked by the Director if applicant fails to follow any of the above-noted requirements. Once the 14-day display period has expired, city personnel shall remove the banner(s)and shall store the banner(s)for 14 additional days, and shall thereafter discard such banner(s) if directed to do so in writing by applicant or if applicant fails to claim the banner(s)at the end of the storage period. (G) Applicant agrees to hold harmless and indemnify the city, its officers, agents and employees for any and all suits relating to any injury or accident or property damage caused by the banners. (H) Any person aggrieved by any decision of the Director must file a written appeal with the City Manager, or designee thereof within 5 working days of the decision. The City Manager shall schedule a hearing and hold the hearing within 5 working days upon receiving the notification. The City Manager shall inform the appellant in writing of the decision to overrule, modify or sustain the Director's action within 3 working days after conclusion of the hearing. The decision of the City Manager shall be final and binding subject only to the civil appeal remedies under A.R.S. §§ 12-981 et seq. (Prior Code, §3-13-5) CITY COUNCIL MEETING ROLL CALL Date : — d( A7 �Maio Work Stud)6X4 Regular=Z-, 7 Special S : '� E : � so ',ob Es S : E fo CITY COUNCIL: Present Ab/excu present Abiexcu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER � t/ COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER f 1/' COUNCILMEMBER SORER TOTAL ---------------------------------—- ------------ loll -- -------------- -------- ---------------------- CITY STAFF: Present AbJexcu Present Ab/excu Present AbJexcu City Manager Bryant Powell i/ Assistant City Manager Matt Busby City Clerk Jennifer Pena L/ City Attorney Joel Stern ✓ - Assist to City Manager ti Public Information Officer Al Bravo X Public Safety Director Michael Pooley V/0' Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks & Rec Director biz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS, Deputy City Clerk Evie McKinney •� �,/ Int.Planning Manager Sidney Urias t/ Building & Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik --------------- Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid VC V\ca CA) V\mi i:,:: S-ATemplates & Forms\Roll Calf - City Council - Attendance -docx City Council VOTE - ROLL CALL ITEM # i, �3�03s MEETING OF MOTION BY: C, SECONDED BY: NOTES:—,AMU,,-k YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER ✓ COUNCILMEMBER CROSS COUNCILMEMBER HECK ✓ COUNCILMEMBER JOHNSON ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # a 3-o5 MEETING OF o? - 7- 2-07-3 IZCA MOTION BY: � ��, SECONDED BY: 1/tQS, Sl,64-�Iea. j�n• NOTES: CLj1> . `S 3a P0. YES NO ABSTAINED CITY COUNCIL: / COUNCILMEMBER NESSER v COUNCILMEMBER JOHNSON V ✓ COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER SOLLER �/ ✓ VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL I Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �l o�o�`� MEETING OF p2- 7-.90a3 MOTION BY: e4ss SECONDED BY: -CcfC NOTES:— Ai YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER ✓ COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON ✓ COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM #12 0(3 -05V MEETING OF 2-7- 2o23 MOTION BY: SECONDED BY: NOTES: �',Cm-I, r YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER ✓ COUNCILMEMBER CROSS ✓ COUNCILMEMBER JOHNSON ✓ VICE MAYOR SCHROEDER COUNCILMEMBER HECK ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 3 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 13 -6f0i. MEETING OF MOTION BY: C0 (;l-mt- SECONDED BY: �C NOTES: ,icec imn C�a.'� 2A P YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK ✓ COUNCILMEMBER CROSS VICE MAYOR SCHROEDER \ V COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL I Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 141 �3 MEETING OF -7 MOTION BY: �_ 1 SECONDED BY: C I-IA ;ti . NOTES: `7�D%y�r-�, RK ,yts 0/n.t Cfl� C LI1s�P✓ 1 � sshCL Mess 0AI YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER HECK ✓ COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER v COUNCILMEMBER NESSER COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL J Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: ea / , I would Like to speak on a Non-Agenda matter regarding: �, �t `� /t c e Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the:Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video.recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/201.9 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please-fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) Address City ZA Code Telephone ail addres This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Callao the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for M nor to be Audio and/or Video Recorded: I, �� , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(si to a/ pear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio 'ndlo/r vide recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the IikelihQod t at th it image i(appear on cable TV d the i to net video stream showing their participation. A.R.S. § 1-602 (A)(9). l Signatu e of arent/Guardian Date 08/26/201.9 Date: z:; CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerl< PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would Like to speak on a Non-Agenda matter regarding: Z.ofie Do you wish to speak before Council on this item? Yes X No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. 0 4 G N e 3gg told First Name Last Name (PRINT) 7-.t &ll9 Address City Zip Code Wa 4 71 —r33T- �a� qog -o3P Telephone Email address This information will be used by staff for follow-up, if necessary. Speal<ers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video-recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). z1a713 Signature of Parent/Guardian Date 08/26/2019 .Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: �� L tV Do you wish to speak before Council on this item? Yes No Only If Necessary am in.favor of the proposed Ite I am opposed to the proposed Item. A First N me Last Name (PRINT) Address ty Zip Code Telephone Srhail addre s This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to th&Public comments have a three minute limit and Public Hearing comments have a five minute limit Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s).to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/201.9